[Federal Register: January 10, 2008 (Volume 73, Number 7)]
[Proposed Rules]               
[Page 1853-1854]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Defense Acquisition Regulations System

48 CFR Part 252

RIN 0750-AF82

Defense Federal Acquisition Regulation Supplement; DoD Law of War 
Program (DFARS Case 2006-D035)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Proposed rule with request for comments.


SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to address requirements for DoD 
contractors to institute effective programs to prevent violations of 
law of war by contractor personnel authorized to accompany U.S. Armed 
Forces deployed outside the United States.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before March 10, 2008 to be considered in 
the formation of the final rule.

[[Page 1854]]

ADDRESSES: You may submit comments, identified by DFARS Case 2006-D035, 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the instructions for submitting comments.
     E-mail: dfars@osd.mil. Include DFARS Case 2006-D035 in the 
subject line of the message.
     Fax: 703-602-7887.
     Mail: Defense Acquisition Regulations System, Attn: Ms. 
Amy Williams, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
    Comments received generally will be posted without change to http://www.regulations.gov
, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, 703-602-0328.


A. Background

    This proposed rule amends the clause at DFARS 252.225-7040, 
Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed 
Outside the United States, to address requirements for DoD contractors 
to institute effective programs to prevent law of war violations by 
contractor personnel. The proposed rule requires that deploying 
contractor personnel receive appropriate law of war training, and that 
contractor personnel report any violations of the law of war to the 
appropriate authorities. The proposed rule is consistent with the 
policy in DoD Directive 2311.01E, DoD Law of War Program, dated May 9, 
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this rule to have a significant economic impact 
on a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the 
requirement to institute an effective program to prevent law of war 
violations need not be a costly endeavor, and can be tailored to the 
size of the company. Additionally, the required law of war training 
will be provided by the Government or through a web-based source. 
Therefore, DoD has not performed an initial regulatory flexibility 
analysis. DoD invites comments from small businesses and other 
interested parties. DoD also will consider comments from small entities 
concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. 
Such comments should be submitted separately and should cite DFARS Case 

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Part 252

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

    Therefore, DoD proposes to amend 48 CFR part 252 as follows:


    1. The authority citation for 48 CFR part 252 continues to read as 

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

    2. Section 252.225-7040 is amended as follows:
    a. By revising the clause date;
    b. In paragraph (a), by adding a definition of ``Law of war'';
    c. By revising paragraph (d); and
    d. By adding paragraphs (e)(1)(vii) and (h)(3) to read as follows:

252.225-7040  Contractor Personnel Authorized to Accompany U.S. Armed 
Forces Deployed Outside the United States.

* * * * *
Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed 
Outside the United States (XXX 2008)
    (a) * * *
    Law of war means that part of international law that regulates the 
conduct of armed hostilities. The law of war encompasses all 
international law for the conduct of hostilities binding on the United 
States or its individual citizens, including treaties and international 
agreements to which the United States is a party, and applicable 
customary international law.
* * * * *
    (d) Compliance with laws and regulations. (1) The Contractor shall 
comply with, and shall ensure that its personnel authorized to 
accompany U.S. Armed Forces deployed outside the United States as 
specified in paragraph (b)(1) of this clause are familiar with and 
comply with, all applicable--
    (i) United States, host country, and third country national laws;
    (ii) Treaties, international agreements, and law of war;
    (iii) United States regulations, directives, instructions, 
policies, and procedures; and
    (iv) Orders, directives, and instructions issued by the Combatant 
Commander, including those relating to force protection, security, 
health, safety, or relations and interaction with local nationals.
    (2) The Contractor shall institute and implement an effective 
program to prevent violations of the law of war by its employees and 
subcontractors, to include law of war training in accordance with 
paragraph (e)(1)(vii) of this clause.
    (e) * * *
    (1) * * *
    (vii) Personnel have received law of war training as follows:
    (A) Basic training is required for all deploying personnel. The 
basic training will be provided through--
    (1) A military-run training center; or
    (2) A web-based source, if specified in the contract or approved by 
the Contracting Officer.
    (B) Advanced training, commensurate with their duties and 
responsibilities, may be required for some Contractor personnel as 
specified in the contract. All advanced training will be conducted by 
Service Judge Advocates, and training content will be coordinated with 
the servicing legal advisor in the operational chain of command, within 
the appropriate geographic combatant command.
* * * * *
    (h) * * *
    (3) Contractor personnel shall report to the commander of the unit 
they are accompanying or the installation to which they are assigned, 
or to the Combatant Commander, any suspected or alleged conduct for 
which there is credible information that--
    (i) Constitutes violation of the law of war; or
    (ii) Occurs during military operations other than war and would 
constitute a violation of the law of war if it occurred during an armed 
* * * * *

[FR Doc. E8-176 Filed 1-9-08; 8:45 am]